Administration by chrstphr

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									ARTICLE II. ADMINISTRATION*
__________ *Cross references: Administration, ch. 2. __________

DIVISION 1. GENERALLY Sec. 27-41. Enforcement responsibility.
(a) The Town Council, by itself or through its staff or appointed boards, pursuant to appropriate ordinances, codes, statutes or regulations, shall administer and may enforce the regulations in this chapter. District boundary or regulation changes, modification of requirements included by the Town Council in association with a development approval, special exceptions, variances, site plan approval, special permits, abandonment, administrative appeal, building permit, certificate of occupancy, occupational license, or other permit, certificate or license may be granted according to the provisions set forth herein.

(b)

(Ord. No. 10-88, § 400.2.A, 3-1-88; Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-42. Enforcement.
The Director of Community responsibilities of this chapter. Development shall administer the enforcement

(Ord. No. 6-91, § 4, 4-2-91; Ord. No. 6-92, § 4, 4-20-93) Secs. 27-43--27-60. Reserved.

DIVISION 2. PLANNING AND ZONING COMMISSION*
__________ *Cross references: Planning and Zoning Commission to hear street abandonment petitions, § 17-70; Planning and Zoning Commission, § 24-26 et seq. __________

Sec. 27-61. Authority.
(a) (b) The Planning and Zoning Commission shall serve as the local planning agency of the Town, pursuant to F.S. § 163.3174. The Town Planning and Zoning Commission shall have the general authority: (1) Gather and analyze data and such other information as necessary to prepare or amend the Town's comprehensive plan, subject to review and adoption by the Town Council.

(2)

Review and recommend to the Town Council land development regulations to implement the Town's comprehensive plan. The land development regulations may include, but are not limited to, the following elements: a. b. c. d. e. f. g. h. i. j. Zoning district regulations; Subdivision regulations; Parking regulations; Landscaping regulations; Environmental and vegetation preservation regulations; Signage regulations; Concurrency management regulations; Supplemental zoning regulations; Performance standards; and Overlay zoning districts.

(3)

Review and make recommendations to the Town Council regarding applications for: a. b. c. d. e. f. g. h. i. District boundary changes (property rezoning); Text amendments to the land development regulations; Site plan reviews for large-scale development; Special exception uses; Building permits for a nonconforming building or nonconforming lot; Abandonments; Planned unit developments; Special permits; and Voluntary annexations.

(c)

The Planning and Zoning Commission may adopt such rules of procedure as are necessary to perform it duties.

(Ord. No. 10-88, § 401.1A, 3-1-88; Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-62. Duties and responsibilities.
(a) (b) The recommendations of the Planning and Zoning Commission shall be recorded in written form within a reasonable time following it's deliberation. Prior to adoption of a recommendation with respect to an application, the Planning and Zoning Commission may consider the items listed below. (1) The information submitted by the applicant, including all exhibits, studies or other matters presented or used for review of the application.

(2)

A written staff report indicating the recommendations of the Department of Community Development or any other appropriate governmental agencies regarding the ability of the proposed development to meet the level-of-service standards for public facilities adopted in the "Capital Improvements Element" of the Town's comprehensive plan, as well as the application's impact on the public health, safety and welfare, and the ability of the application to meet the criteria for reviewing development applications in section 27-96. The staff report shall also indicate the consistency of the application with the Town's comprehensive plan and land development regulations, as appropriate.

(3)

Comments, if any, from the public.

(Ord. No. 10-88, § 401.1.B, 3-1-88; Ord. No. 6-92, § 401.1A, 4-20-93)

DIVISION 3. TOWN COUNCIL*
__________ *Cross references: Town Council, ch. 2, art. II. __________

Sec. 27-63. Town Council--Authority.
(a) The Town Council shall have all authority provided to it by the Florida Constitution, general and special laws, and its local code of ordinances. The Town Council may, specifically pursuant to this chapter, conduct public meetings or hearings to consider and take action upon the development applications and other applications listed below. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Zonings or rezonings. Text amendments to the land development regulations. Building permits for a nonconforming building or nonconforming lot. Special exceptions. Site plan reviews for large-scale development. Special permits. Map amendments to the comprehensive plan, an element or a portion thereof. Text amendments to the comprehensive plan, an element or a portion thereof. Abandonments. Voluntary and involuntary annexations. Planned unit developments. Developments of regional impact, as defined in F.S. § 380.06. Modifications or amendments to any of the applications addressed in this section.

(14)

Extensions of time to initiate development and determinations of vested rights to the development approval which has lapsed due to failure to initiate development. Appeals of staff administrative decisions or determinations regarding the interpretation or administration of the Town's land development regulations. Concurrency determinations.

(15) (16) (b)

The Town Council may consider such recommendations of Planning and Zoning Commission as it deems appropriate. In making any final decision, the Town Council shall be guided by the applicable standards and guidelines included or referenced in section 27-96, in addition to any other appropriate laws or ordinances.

(Ord. No. 10-88, § 401.2.A, 3-1-88; Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-64. Same--Meetings and procedures.
Meetings and procedures for the Town Council shall be as follows: (1) (2) All meetings of the Town Council shall be advertised in accordance with the applicable requirements of law and shall be open to the public. Minutes of the meetings of the Town Council shall be maintained in accordance with applicable State laws and shall include the vote of each member on each question. If any member is absent or abstains from voting, the minutes shall so indicate. Records of the meetings of the Town Council shall be maintained and shall be open for public inspection at reasonable times and hours, in accordance with section 27-100 and applicable State laws. All actions of the Town Council shall be by motion.

(3)

(4)

(Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-65. Same--Review of administrative decisions.
An aggrieved or adversely affected person may appeal a final administrative decision of the Town Council approving or denying a special exception, a site plan for large-scale development, or extension or failure to extend the time limitations to initiate development by filing for a writ of certiorari within 30 days of the meeting wherein the Town Council rendered its final administrative decision, in accordance with the procedures established by court rule or statute for the filing of such writs. (Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-66. Same--Notice.
All Town Council actions upon any application for development approval, including rezonings, special exceptions or comprehensive plan amendments, shall comply with the public notice requirements of F.S. chs. 163 and 166. (Ord. No. 10-88, § 401.2.C.(1), 3-1-88; Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-67. Same--Hearing.
Within a reasonable time after the Planning and Zoning Commission renders an advisory recommendation regarding an application, the Town Council shall consider the application at an advertised public hearing or other meeting, as provided by this chapter. (Ord. No. 10-88, § 401.2.C(2), 3-1-88; Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-68. Same--Development orders.
The Town Council may take action on a development application after the closing of the public hearing. Among the actions may be: (1) (2) (3) (4) (5) Approval or denial of an application; Approval or denial of an application which has been amended; Approval of an application with conditions of approval; Approval of an amendment to the application to allow further consideration at a subsequent, duly-noticed meeting; or Postpone or table action on the application, for any reason, at the applicant's request or at the discretion of the Town Council.

(Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-69. Same--Final action.
(a) The Town Council's final action on an application shall be reduced to a resolution, ordinance or development agreement authorized by F.S. § 163.3220, as appropriate, which shall be transmitted to the applicant within a reasonable time following the public hearing wherein final action is taken. The record upon which each final action of the Town Council is based shall include all written documents or other materials submitted to the Clerk at the public hearing, staff analyses or other information, and the recorded transcripts of the meeting.

(b)

(Ord. No. 10-88, § 401.2.E, 3-1-88; Ord. No. 6-92, § 4, 4-20-93) Secs. 27-70--27-85. Reserved.

DIVISION 4. ZONING BOARD OF ADJUSTMENT Sec. 27-86. Members.
The Planning and Zoning Commission shall serve as the Zoning Board of Adjustment. (Ord. No. 10-88, § 401.3.A, 3-1-88; Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-87. Authority.

(a)

The Zoning Board of Adjustment shall have the authority to approve, approve with conditions, or deny any request for a variance from the Town's land development regulations. However, the Zoning Board of Adjustment shall not grant a variance to permit a use in a zoning district when such use is not permitted as a use by right or as a special exception. The Zoning Board of Adjustment or any of its members may inspect the premises, site or area under consideration.

(b)

(Ord. No. 10-88, § 401.3.B, 3-1-88; Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-88. Meetings and procedures.
(a) The Chairman of the Planning and Zoning Commission shall serve as the Chairman of the Zoning Board of Adjustment and shall conduct the meetings of the board. The Vice-Chairman of the Planning and Zoning Commission shall serve as the Vice-Chairman of the Zoning Board of Adjustment, and shall act in the absence of the Chairman in the conduct of meetings or otherwise, and shall perform such duties as may be delegated by the Chairman. In acting in the Chairman's absence, the Vice-Chairman shall have all the powers of, and be subject to, all restrictions upon the Chairman. The election of a Chairman and Vice-Chairman shall occur during the month of the first anniversary of the board's first meeting and each subsequent yearly anniversary thereafter, or at anytime necessary to fill a vacancy of the positions of Chairman or Vice-Chairman. Meetings of the Zoning Board of Adjustment shall be advertised in accordance with this chapter, these land development regulations and State law, and shall be open to the public. The Zoning Board of Adjustment may administer oaths and compel the attendance of witnesses in the same manner prescribed by court rule or Florida law. Four members of the Zoning Board of Adjustment shall constitute a quorum for the purposes of conducting a meeting or for the purposes of taking any official action at a meeting. The affirmative vote of a majority of the members present at any meeting of the Zoning Board of Adjustment shall be necessary to take action. In the event of a tie vote, the proposed motion shall be considered to have failed. Special meetings of the Zoning Board of Adjustment may be convened by the chairperson upon the giving of written notice thereof to each member. Unless waived by a majority of the Zoning Board of Adjustment, at least 24 hours notice of a special meeting shall be provided. All decisions of the Zoning Board of Adjustment shall be by motion. The decision of the Zoning Board of Adjustment shall be the final administrative action.

(b)

(c) (d)

(e)

(f)

(Ord. No. 10-88, § 401.3.C, 3-1-88; Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-89. Variances.
(a) The Zoning Board of Adjustment may grant variances authorizing a departure from the requirements of this chapter or these land development regulations. The Zoning Board

of Adjustment, in granting any variance, must and shall act in accordance with the standards established in section 27-89(g) below. (b) In granting a variance, the Zoning Board of Adjustment may establish appropriate conditions or other such safeguards as it deems necessary to protect the public health, safety and general welfare. Violations of such conditions and safeguards, which have been made a part of the terms under which the variance is granted, shall be deemed a violation of these land development regulations and shall be subject to enforcement as prescribed by this article or State law. The Zoning Board of Adjustment may establish a reasonable time limit for a petitioner's compliance with the conditions of a variance approval or for beginning or completing the variance itself. The Zoning Board of Adjustment is not empowered or authorized to grant a variance to allow: (1) (2) (d) A use which is not permitted by this chapter as a use-by-right or as a special exception in a particular zoning district; or An increase in residential density or nonresidential development intensity beyond that which is allowed by this chapter.

(c)

The previous grant of a variance for other properties, structures or buildings in the same zoning district shall not be, in and of itself, substantial competent evidence sufficient to grant a variance for a similar property. The nonconforming use of lands, structures or buildings in the same zoning district and the permitted use of lands, structures, or buildings in the same or other zoning districts shall not be considered grounds for granting a variance. Financial or economic hardship alone shall not be a basis for the granting of a variance. Standards for the evaluation of legal hardship. The Zoning Board of Adjustment must and shall find that the standards listed below have been met in order to grant a variance. (1) That special conditions and circumstances exist which are peculiar to the land, structure or building which is the subject of the variance application and which are not applicable to other lands, structures or buildings in the same zoning district. That the special conditions and circumstances do not result from the actions of the applicant. That literal interpretation of the provisions of these land development regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district, under the terms of these regulations, and would work unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the use of the land, building or structure. That the grant of the variance is not contrary to the Town's comprehensive plan. That the grant of the variance will be in harmony with the general intent and purpose of these land development regulations. That the grant of the variance will not be injurious to the area involved or

(e)

(f) (g)

(2) (3)

(4) (5) (6) (7)

otherwise detrimental to the public welfare. (Ord. No. 10-88, § 401.3.D, 3-1-88; Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-90. Review of Zoning Board of Adjustment decisions.
An aggrieved or adversely affected person may appeal the decision of the Zoning Board of Adjustment to approve or deny a variance by filing for a writ of certiorari within 30 days of the meeting, wherein the Zoning Board of Adjustment rendered its final administrative decision, in accordance with the procedures established by court rule or statute for the filing of such writs. (Ord. No. 10-88, § 401.3.G, 3-1-88; Ord. No. 6-92, § 4, 4-20-93)

DIVISION 5. APPEAL OF ADMINISTRATIVE DECISIONS Sec. 27-91. Appeal of staff determinations.
Administrative decisions of Town staff regarding the interpretation or the administration of the Town's land development regulations, excluding building codes, may be appealed to the Town Council. Appeals to theTown Council shall be quasi-judicial proceedings. (Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-92. Procedure for appealing an administrative decision.
(a) An appeal taken from a decision or determination made by an administrative official of the Town who is charged with the interpretation of the regulations adopted pursuant to this chapter may be filed with the Town Council. The appeal shall specify the regulation which was the subject of an interpretation, and the basis and regulations relied upon by the petitioner in support of its interpretation. The appeal shall be filed together with the appropriate fee upon a form as prescribed by the Town and mailed to the Town Manager via certified mail. Within 30 days after receipt of the appeal, the Town Manager or the Town Manager's designee shall schedule the matter for consideration by the Town Council. Town staff may prepare those reports or other relevant information pertaining to the appeal as it deems necessary. Those reports, documents, plans and papers, together with any other relevant documents or information submitted at the hearing, shall constitute the record of the action being appealed. The staff determination is presumed to be correct. The burden of proof shall be on the petitioner. The petitioner must prove, by clear and convincing evidence, that the interpretation of the petitioner is correct. In exercising the authority granted in this section, the Town Council may reverse or affirm, wholly or in part, any decision of an administrative official with respect to enforcement of the Town's land development regulations.

(b)

(c)

(d)

(Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-93. Exhaustion of remedies.

Persons aggrieved by a staff administrative decision, zoning interpretation or requirement, or similar staff decision or determination may not petition for judicial relief unless they have first exhausted the remedies provided in the preceding section. (Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-94. Judicial review.
Upon exhaustion of the remedies provided in the preceding section, an aggrieved or adversely affected person may seek review of the decision of the Town Council by filing for a writ of certiorari, in accordance with the procedure and within the time provided by court rule or statute. The time for commencing such an appeal shall commence to run from the date of the decision by the Town Council. (Ord. No. 6-92, § 4, 4-20-93)

Sec. 27-95. Staying of work on premises.
When an appeal from the decision of any administrative official has been filed with the Town Council, any work affected by the decision shall be stayed unless the official from whom the appeal was taken certifies to the Town Council that, by reason of facts stated in the appeal, a stay would be contrary to the public's health, safety or general welfare. (Ord. No. 6-92, § 4, 4-20-93)

DIVISION 6. CRITERIA FOR APPLICATION REVIEW Sec. 27-96. Criteria for site plan review.
(a) The criteria listed below shall apply to all site plan applications, including building permits for nonconforming buildings or lots, small-scale developments, large-scale developments, planned unit developments, developments of regional impact, and modifications of existing approved development orders. (1) (2) (3) (4) (5) (6) The proposed development is consistent with the goals, objectives and policies of the Town of Jupiter Comprehensive Plan. The proposed development is consistent with any applicable, countywide land development regulations. The proposed development is consistent with all applicable land development regulations and all other portions of this Code. The proposed development is compatible and/or consistent with the established or proposed character of a neighborhood or area. The proposed development does not create or excessively increase traffic congestion or otherwise affect public safety. There are adequate levels of service for public facilities, including, but not limited to, transportation, water supply, drainage and sanitation, available concurrent with the impacts of the development proposed by the application.

(7) (8) (9) (10) (11) (12) (b)

The proposed development does not significantly reduce light and air to adjacent properties. The proposed development does not adversely affect property values in adjacent areas. The proposed development would not be a deterrent to the improvement or development of adjacent property in accord with existing regulations. The proposed development does not create noise or visual pollution. The proposed development does not negatively impact adjacent natural systems or public facilities, such as parks. The proposed development provides pedestrian amenities, including, but not limited to, benches, trash receptacles, and/or bicycle parking.

Should the Department of Community Development and/or the Town Council determine that the proposed site plan is not consistent with the criteria outlined in subsection (a) above, the site plan may either be denied or approved subject to conditions of approval or modifications as may be necessary to provide for a development which is consistent with these criteria. The conditions of approval may require the applicant and/or property owner to exceed the minimum development standards set forth in this chapter and/or other applicable local regulations. Conditions of approval may include, but are not limited to, the following: (1) (2) (3) (4) (5) (6) Restraints to minimize or eliminate such effects as noise, vibration, air pollution, glare and/or odor. Limit the height, size and/or location of a building or other structure. Designate the size, number, location and/or nature of access points (vehicle and pedestrian). Designate the size, location, screening, drainage, type of surfacing material and/or other improvement of a parking and/or loading area. Limit or otherwise designate the number, size, location, height and/or lighting of signs. Require the use of, and designate the size, height, location and/or materials for, berming, screening, landscaping and/or other facilities to protect and/or buffer adjacent or nearby property, including designating standards for installation and/or maintenance of the facilities. Require the protection and/or relocation of additional trees, vegetation, water resources, wildlife habitat and/or other appropriate natural resources. Require specific architectural details and/or design that produces a physical development which is compatible in appearance with the uses permitted by right in the zoning district. Specify other conditions of approval to permit development of the project in conformity with the intent and purpose of this chapter and the adopted comprehensive plan.

(7) (8)

(9)

(c)

Violation of any conditions, when made a part of the terms under which the site plan is approved, shall be deemed a violation of this chapter subject to enforcement under the provisions of this Code.

(Ord. No. 6-92, § 4, 4-20-93; Ord. No. 37-99, § 2, 10-19-99)

Sec. 27-97. Criteria for abandoning public rights-of-way.
(a) All applications for the abandonment of public rights-of-way shall be reviewed and acted upon by the Town Council, following an advisory recommendation by the Planning and Zoning Commission. The burden of proof shall be upon the applicant to show that the application is consistent with the Town's comprehensive plan and all of the standards listed in this section. The Town Council may approve an abandonment application if the applicant demonstrates, by clear and convincing evidence, that a right-of-way is no longer required for a public use and convenience. Any proposed abandonment of a public right-of-way must demonstrate that such action furthers the health, safety and welfare of the Town's residents. In making this determination, the following shall be considered: (1) (2) (3) (4) Does not deprive any individual of a reasonable means of ingress and egress to that individual's property; Does not adversely affect utility service efficiency, or preclude the future provision of public or private utility services; Does not lower adjacent property values; and Does not eliminate the potential use of dedicated property for a public purpose, including but not limited to, pedestrian or vehicular access, recreation, environmental preservation, or stormwater management.

(b)

(c) (d)

Only abandonments for an entire right-of-way shall be considered, unless there are extenuating circumstances for considering the partial abandonment of a right-of-way. Each abandonment application shall include written statements from all public utilities serving the Town, including water, sewer, electric or cable television utilities, stating whether or not each has any objections to the proposed abandonment. The abandonment of a public right-of-way shall not occur until the applicant has paid to the Town the appraised value of the property to be abandoned, except as allowed by subsection (f) below. An abandonment approval shall be void if payment does not occur within 90 days from the date of approval by the Town Council. The Town Council may abandon an unused alley, street or utility easement located within a residential zoning district without payment to the Town, provided the abandonment is to the benefit of the Town and the right-of-way is currently not used or is not contemplated for future use by a public entity, such as a water, sewer, electric or cable television utility.

(e)

(f)

(Ord. No. 6-92, § 4, 4-20-93; Ord. No. 37-99, § 3, 10-19-99)

Sec. 27-98. Criteria for special exceptions.

(a)

A special exception use shall not be approved unless all of the following criteria are met: (1) The proposed special exception use shall be compatible with the character and use (existing and future) of the surrounding property in its function; hours of operation; type and amount of traffic to be generated; building location, mass, height and setback; and other relevant factors peculiar to the proposed special exception use and the surrounding property. The proposed special exception use shall not have a detrimental impact on surrounding properties based on: a. b. c. The number of persons anticipated to be using, residing, or working on the property as a result of the special exception use; The degree of noise, odor or other potential nuisance factors generated by the special exception use; and The effect on the amount and flow of traffic within the vicinity of the proposed special exception use.

(2)

In reviewing an application for a particular special exception use approval, the Town may require the applicant to demonstrate: (1) the need for the particular special exception use in the specific location identified on the application and (2) that the establishment of the particular special exception use in the identified location does not create a concentration of that particular special exception use that may be detrimental to the immediate area. (b) Should the Town Council determine that the proposed special exception use is not consistent with the criteria outlined in subsection (a) above, the Council may either deny the application or require such conditions of approval as may be necessary to produce a development which is consistent with these criteria. The conditions of approval may require the applicant and/or property owner to exceed the minimum development standards set forth in this chapter and/or other applicable local regulations. Conditions of approval may include, but are not limited to, the following: (1) Limit the manner in which the use is conducted, including restricting the time an activity may take place and/or restraints to minimize such effects as noise, vibration, air pollution, glare and/or odor. Establish a special setback, open space requirement, and/or lot area or dimension. Limit the height, size and/or location of a building or other structure. Designate the size, number, location and/or nature of access points (vehicle and pedestrian). Designate the size, location, screening, drainage, type of surfacing material and/or other improvement of a parking and/or loading area. Limit or otherwise designate the number, size, location, height and/or lighting of signs. Require the use of, and designate the size, height, location and/or materials for, berming, screening, landscaping and/or other facilities to protect and/or buffer adjacent or nearby property, including designating standards for installation

(2) (3) (4) (5) (6) (7)

and/or maintenance of the facilities. (8) (9) Require the protection and/or relocation of additional trees, vegetation, water resources, wildlife habitat and/or other appropriate natural resources. Specify other conditions of approval to permit development of the project in conformity with the intent and purpose of this chapter and the adopted comprehensive plan.

(c)

Violation of any conditions, when made a part of the terms under which the special exception use is approved, shall be deemed a violation of this chapter subject to enforcement under the provisions of this Code.

(Ord. No. 37-99, § 4, 10-19-99)

Sec. 27-99. Criteria for future land use and zoning map amendments.
In addition to the applicable requirements of the Florida Statutes, the following criteria shall apply to all applications which propose to change the Town's future land use or zoning map: (1) (2) (3) (4) The proposed map amendment shall be consistent with the goals, objectives and policies of the Town of Jupiter Comprehensive Plan. The proposed map amendment shall be consistent with the established land uses of surrounding properties or land use patterns. The proposed map amendment shall not create an isolated land use designation or zoning district unrelated to adjacent and nearby designations or districts. The application is necessary because of changed or changing conditions, including, but not limited to changing demographic trends, annexation, or public service needs.

(Ord. No. 37-99, § 5, 10-19-99)

DIVISION 7. RECORDS OF PUBLIC HEARINGS AND MEETINGS Sec. 27-100. General records.
(a) (b) The Town Clerk shall maintain and be the records custodian of all records of public meetings and public hearings conducted pursuant to this chapter. The records of all public meetings and public hearings conducted by the Town shall be available for public inspection and copying at reasonable times and hours. The Town Clerk shall be entitled to collect the administrative costs for copying and for labor associated with reproducing such records, in accordance with Florida law.

(Ord. No. 6-92, § 4, 4-20-93) Secs. 27-101--27-104. Reserved.

DIVISION 8. TREE PRESERVATION BOARD

Sec. 27-105. Authority.
The Town Beautification Committee shall act as the official Tree Preservation Board of the Town. (Ord. No. 66-94, § 1, 12-6-94)

Sec. 27-106. Duties and responsibilities.
It shall be the responsibility of the Tree Board to study, investigate, Council and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and other public places. Such plan shall be presented annually to the Town Council and upon their acceptance and approval shall constitute the official Comprehensive Town Tree Plan for the Town. The Tree Board, when requested by the Town Council shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work. (Ord. No. 66-94, § 1, 12-6-94)

Sec. 27-107. Board composition.
(a) The board shall be composed of nine members each of whom shall be appointed for a two-year term. Each member of the Town Council shall appoint one member of the committee. The Council as a whole shall nominate and appoint four at large members to serve on the committee. Vacancies shall be filled as necessary for the unexpired term of that member whose place has become vacant, in the same manner as provided for herein. The Council may designate one member of the Town Council to act as an ex officio member. The board shall select one [of] its members for a term of one year to serve as chair of the meetings. The chair may only serve two consecutive terms. The Town Manager shall assign a staff member who shall provide administrative support to the committee. The committee may also elect a vice-chair to chair the meeting in the absence of the chair. The board shall keep minutes of all meetings and proceedings and the votes of each member on each question shall be duly recorded. All meetings shall be open to the public. The minutes of the board and any recommendations made shall be forwarded to the Town Council via the Town Manager.

(b) (c)

(d)

(Ord. No. 66-94, § 1, 12-6-94) Secs. 27-108--27-110. Reserved.


								
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